MLC310 Sport And The Law

MLC310 Sport And The Law

Questions:

Part A: Legal Application: 

Q 1.

Caitlin Callum usually opens the batting and occasionally bowls for the Wacol Wanderers in the Women’s Monster Bash League T20 cricket competition.  Caitlin tells her brother, Linus, that the coach had decided that her bowling had become so good as the season had progressed that it might be an idea to get her to open the bowling.  Linus had always known that Caitlin had the ability to be a strike bowler and realised that this was a great opportunity to have a bet on her taking the first wicket of the match.  Linus tells his best friend, Charlie, that Caitlin was going to open the bowling and to have a bet.  Charlie tells his girlfriend, Lucy, who then goes to netball and tells the whole team.  Linus, Charlie, and Lucy (and some of her friends from the team) all place bets that Caitlin will take the first wicket of the innings in the match.  On the day of the match, Caitlin was approached by a match-fixer before the game who offered to pay her $5000 to bowl two wides in the first over.  She thought it was harmless as it would not affect the final result so she took the money.  In the first over Caitlin bowls 3 wides and takes the first wicket of the innings.

Advise Caitlin, Linus, Charlie, Lucy and the members of the netball team of their legal liability.   

Please use case law and/or statute to support your answer. MLC310 Sport And The Law

Q 2.

Li plays defence as a full-time professional footballer for the Blackburn Angels Football Club (an incorporated company) in the Hobart Metropolitan Soccer Competition (the organization that runs the competition is an incorporated company).  During the final game of the season (with the title on the line) against the Middleborough Marvellous, and just before the end of the first-half, she intentionally tackles the opposition centre-forward with her ‘studs up’, leading to a severe injury to the opposition player.  The opposition player wishes to sue for her hospital expenses and other losses as she believes that the tackle was intentional.  Before the game, the Blackburn Angels coach had told the players: ‘take that centre-forward out of the game, when she’s out we can’t lose’.  The Angels now want to know whether they will be liable for the actions of Li.

Advise the Blackburn Angels Football Club.

Please use case law and/or statute to support your answer.

Q 3.

Vinesh is a professional weightlifter, who is usually very prudent with his diet, as he does not want to take anything prohibited by WADA or his sport.  In November, when Vinesh is competing in Istanbul, he decides to go clubbing with some friends for his birthday.  In the nightclub, Vinesh drinks a few too many alcoholic beverages which causes him to be a little intoxicated.Whilst sitting at his table and feeling slightly nauseous a girl approaches him from the dancefloor and sits on his lap.  She immediately starts kissing him passionately.Vinesh immediately tastes something very bitter and pushes her off his lap.  She smiles back at him and says, ‘you won’t regret that kiss, honey’.  Vinesh immediately felt a sudden rush, and knew something was wrong, so he decided to return to his hotel room.  The next day one of his friends told Vinesh that the girl had been taking some type of powdered substance and had kissed a couple of their other friends as well.   A few days later, at an event in Prague, Vinesh is urine and blood tested which reveals a positive test for a specified substance, an amphetamine.  He is sanctioned by his sport for an anti-doping rule violation and told that all his results from the Prague and Istanbul events could be cancelled.  He is very upset by this and feels like it was not his fault and decides to appeal to the CAS.

How do you think the CAS would decide this matter?  What defences may be available to Vinesh?

Please use CAS decisions and/or legislation to support your answer, but note that the cases are NOT BINDING.

Part B: Critical Analysis/Reflection:

Q 1 .

The commercialisation and commodification of sport has been an ongoing theme throughout the course of the unit.  Critically reflect on how this has impacted Sport and the Law (Sports Law?), citing examples.

MLC310 Sport And The Law

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